The KHSAA has stated that Whitley Co. should not play him regardless of what the court rules, which puts them in a tough spot.

 

He will have to get his 10 days of practice in before he can play, so he could possibly play in the last week of the regular season.

KHSAA goofed in their filing, but still I don't think this is right we ought to just fold up KHSAA and let the state government control high school athletics.

 

Hate to tell you this, but State Govt has always controlled high school athletics. Just whom do you think the KHSAA belongs to? Hint: its not the schools.

Hate to tell you this, but State Govt has always controlled high school athletics. Just whom do you think the KHSAA belongs to? Hint: its not the schools.

 

To build on this, why do you think we have fastpitch softball in this state. Cause the state legislators passed a KRS statue saying we would have fastpitch softball. It did not originate as a KHSAA sanctioned sport till AFTER the state government got involved.

I don't think the courts should have their hands in high school eligability. If you don't follow the rules and descisions set out by the KHSAA, you shouldn't be playing in member events. If not, the organization has ZERO power.

 

The KHSAA is an administrative agency of the state. Thus, much like you can appeal an adverse unemployment benefit decision made by the state to the court system, the Ky Constitution requires that the KHSAA's final decision can be appealled to the court system. In fact, if you read the KHSAA's due process procedure (I'm sure it can probably be found on line), it specifically states that the KHSAA's decisions can be appealled to court. Thus when a person does just that, they are in fact following the rules of the KHSAA as much as that bothers some people including the people on the Board of Control.

 

As for the organization having zero power, you are dead wrong. In order for the courts to overturn the KHSAA's decision, the court has to find that the KHSAA's decision was arbitrary or capricious. In a nutshell, the party trying to get the KHSAA's decision overturned has a very high burden of proof; very high. Which means the KHSAA has a lot of power.

Once again, I do not understand how the court should be able to intervene in KHSAA affairs. The organization will never have any power as long as a judge is allowed to decide the merits of its rulings. For example, do you think that a Campbell County district judge would ever find in favor of the KHSAA when they have ruled a player say from a school like Highlands ineligable. I don't think so.

 

Your lack of faith in the legal system is somewhat disturbing. I trust then you believe that a local judge will rule in favor of his local citizen when he gets sued by an out of town mortgage company, or credit card company. The law is the law, and there is a Court of Appeals that is NOT in the local county overseeing what happens.

 

The KHSAA has no more power than the State Board of Education grants it. It is NOT stand-alone entity, much as it would like to think that it is. Its charter can be revoked at any time. This is no different than the appeals process out of the Board of Medical Licensure, the Cabinet for Families and Children, or any other administrative agency. This is the norm. There is always an appeal. Its American, there are no kings or tyrants here.

Obviously they won't be immune, we will continue to have the same ruling system, and we will continue to have rulings that have teeth for some areas, schools, and students, and we will continue to have rulings that have no teeth for others. As standing, we simply just have another political burocracy. Supreme court justices hold their seat for life. District judges that make these rulings in our state do not.

 

Supreme Court justices in Kentucky are elected. District Court judges are elected. These cases are in the Circuit Court. Circuit Judges are elected. There are no life positions in Kentucky law.

To build on this, why do you think we have fastpitch softball in this state. Cause the state legislators passed a KRS statue saying we would have fastpitch softball. It did not originate as a KHSAA sanctioned sport till AFTER the state government got involved.

 

Excellent point!!! And they didn't get involved until a young lady named Jennifer Baker and many others sued the KHSAA in 1994 for not offering fastpitch softball in the state of KY. In 1995, fastpitch officially began as a KHSAA sanctioned sport. Sometimes, legal action is necessary to do what is right.

Excellent point!!! And they didn't get involved until a young lady named Jennifer Baker and many others sued the KHSAA in 1994 for not offering fastpitch softball in the state of KY. In 1995, fastpitch officially began as a KHSAA sanctioned sport. Sometimes, legal action is necessary to do what is right.

 

And this goes back to right in whose eyes?

 

There are a lot of girls out there in schools right now that would be playing slowpitch softball who cannot/are not playing fastpitch softball.

 

It was great for the Jennifer Bakers of the world and right in the eyes for them. It was not right for those who are not the Jennifer Bakers of the world.

 

As always it depends upon whose eyes you are looking through.

I've heard many people in favor of making a player ineligible for a year on a transfer for any reason, after seeing cases like this that rule sounds better all the time then cases like this would never be an issue.

 

People that think like this are the reason there are court cases. I never attended the same school for a full school year until my junior year of high school. Am I to blame for my parents inability to get their lives together? Should I have been punished for the instability in my parents lives? The only reason that I could attend my full junior and senior years at one school was because I supported myself for those two years, and therefore didn't move when they did.

 

The simple fact is that these decisions are not about simple facts..... You have to look at each case seperately and unfortunately then and only then can you try to make an informed decision about the motivation of the transfer.

It's same old, same old in these cases. Sometimes the kid plays, such as this (possibly), sometimes they don't, like Lawson at Corbin a few years ago.

 

I do have a few questions, though.

 

Is this kid a stud who will help Whitley win, or is this a huge fight over a bench warmer?

 

Why was action not taken sooner, so if the kid won he could play a little more than one game?

 

Is he the caliber of kid who could take a starter's spot????

 

If it's not about athletics, as the kid's father has stated, how come he sued?

I personally think the KHSAA should be disbanded and A body of overseers appointed by the Governor for 1 year terms should run the athletics in Kentucky. By appointing people for 1 year terms, there isn't time to get politics involved.

I personally think the KHSAA should be disbanded and A body of overseers appointed by the Governor for 1 year terms should run the athletics in Kentucky. By appointing people for 1 year terms, there isn't time to get politics involved.

 

 

I somewhat agree with that, although the overseers would probably be appointed by the KBE (whose members are appointed by the Governor). I'm not sure 1 yr terms would be the best. It takes a while for folks to get up to speed and just about the time the BOC members "figured it out" they'd be replaced. Minimum of 2 but probably 3 yr terms would be best. And in a perfect world, no employee of a school district would be on the BOC. Whether true or not, there is a very widely held perception throughout the Commonwealth that BOC decisions are heavily influenced by relationships between the BOC members and their coaching/AD/principal and superintendent friends. There is no doubt that BOC decisions are influenced by BOC members wishing to get re elected for a second term: if you make the superintendents in your home region mad at you based on your BOC votes, you won't get re-elected thus there is heavy pressure on the BOC members to vote the way the superintendents want even if the BOC member disagrees. Not want you want of your BOC members, who are supposed to have a fiduciary duty to do what those members feel is in the best interests of high school athletics even if it is different than what the home superintendents think.